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Issues involved: Application for condonation of delay for about 1652 days, negligence of learned Lawyer and officials of the department, involvement of revenue amounting to Rs. 63 lac.
Judgment Summary: The High Court of Calcutta heard an application for condonation of delay for approximately 1652 days, which was strongly opposed. The Court noted the lack of explanation for the delay from 3.1.2007 to 18.1.2011. It was observed that both the learned Lawyer and the officials of the department were negligent in handling the matter for over four years. Despite attempts to shift blame to the Lawyer, the Court highlighted the responsibility of the department officials in not taking necessary actions. The Court reluctantly condoned the delay due to the significant revenue involvement of Rs. 63 lac. The application was allowed on the condition that the appellant department pays a cost of Rs. 10,000 within three weeks to the respondent. This cost was to be recovered from the negligent officials and staff of the department who failed to retrieve the papers from the Lawyer for four years. The Court scheduled the matter for an admission hearing in four weeks. However, failure to pay the cost would result in the automatic dismissal of the appeal. If the cost was paid within the stipulated time, the Court would reconsider the matter.
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